6 Blackf. 461
Decided May 15, 1843
Indiana Supreme Court · decided 1843-05-15
<p>J uby.—A verdict in a criminal case fór the State, “found by a jury consisting of elever men, is erroneous.(a)</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1843-05-15
Cited by 4 later decisions — most recently August 1881
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The plaintiffs in error were indicted for a riot. Plea, not guilty. "Verdict of guilty, and judgment on the verdict.
¶2This judgment must be reversed. It appears from the transcript of the record, that the jury that tried the cause was composed of eleven men only, and not twelve as the law requires. This is a fatal defect on writ of error. 1 Chitt. Or. Law, 505. ■
¶3Per Curiam.—The judgment is reversed. Cause remanded for another trial.